“We have got such a worldwide reach. We have got people coming into our country to study and stay at our spaces,” said real estate partner Daniel Halstead at a recent roundtable Shoosmiths hosted on the UK’s purpose-built student accommodation (PBSA) sector. Bringing together funders, operators, developers and agents, as well as policy and legal experts, the discussion - held at the firm’s London studio - focused on the evolution of PBSA ...
Bringing together leading developers, agents, operators, design specialists, as well as policy and legal experts, Shoosmiths hosts a roundtable discussion on meeting the real estate demands of the UK’s life sciences sector ...
This week the government has published the draft legislation for the residential property developer tax (“RPDT”) for technical consultation. RPDT is a new tax, intended to be imposed on companies carrying out residential property development from 1 April 2022, and described by the government as being introduced “to ensure that the largest developers make a fair contribution to help fund the government’s cladding remediation costs” ...
There have been a number of significant rulings on the topic of holiday pay over recent years and Smith v Pimlico Plumbings Ltd is the newest addition. Before we look at Smith, it is useful to understand how this area of law has developed over time ...
Following Russia’s invasion of Ukraine on 24 February 2022, many individuals are being called up to defend their home countries. This has left employers wondering whether they are obligated to release those employees from employment. In the UK, if an employee is mobilised for full-time service in the UK armed forced, there are rules in place to protect an employee’s employment ...
On 24 February, following the escalation of the conflict in Ukraine a wave of sanctions have been initiated by the US, EU and UK, Japan, Taiwan, Australia and New Zealand. As the conflict continues, the level of sanctions applied are likely to increase. The sanctions imposed by the UK include amendments to Russia (Sanctions) (EU Exit) Regulations 2019 (the “2019 Regulations”) which were enacted in response to Russia’s annexation of Crimea in 2014 ...
The Building Safety Act 2022 (BSA) received Royal Assent in April 2022. Its aim is to improve building safety across the built environment, with a focus on the residential sector. The BSA is being implemented in stages and a number of areas within the living sector fall under its regulatory umbrella. The government recently confirmed its intention for purpose-built student accommodation to be subject to the new regulatory regime ...
'He’s making a list, he’s checking it twice, he’s gonna find out who’s naughty or nice’...but is Santa doing so in compliance with the GDPR? As the first Christmas trees and advent calendars go up in stores and homes across the UK, our thoughts may turn towards the joys – and pressures – of the festive season ...
When does the directors' duty arise to consider creditors' interests in the face of insolvency if a liability is disputed? Hayley Capani and Kate Garcia consider the case of Hunt v Singh and conclude we still don't have all the answers. When the decision in Sequana was handed down, commentators expressed both disappointment and (dare we say it) joy that a clear test had not been laid down as to when the creditor duty arose ...
In the recent case of Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd the High Court has commented on what is meant by ‘all reasonable endeavours’, ‘good faith’ and ‘mutual benefit’, but do the comments really help? Agreements often include ‘endeavours’ clauses in an attempt to define the scope of a party’s obligations ...
Sheelagh Cooley, real estate partner at Shoosmiths, comments on the successful Scottish green freeport bids - Inverness and Cromarty Firth Green Freeport and Forth Green Freeport. The Scottish and UK governments have announced Scotland’s first Green Freeports ...
The Scottish Government is proposing to overhaul Energy Performance Certificates (EPC) - giving building owners and occupiers more information than ever before. The potential reforms aim to be targeted and useful – helping pave a clear and achievable path towards achieving net zero. On 25 July 2023, the Scottish Government published its consultation on reforming domestic and non-domestic EPCs to ensure they support future regulations on heat in buildings ...
Reflecting on Scottish Housing Day's theme of sustainability for this year, we consider the balancing act faced by developers in dealing with an ever changing set of challenges in their drive to Net Zero. Scottish Housing Day 2022 shines a spotlight on sustainable housing ...
With Scotland’s population growth stalling and with labour shortages in the UK at a record high, the demand for migrant workers at all skill levels is ever-increasing. Part 1 of this insight focuses on some of the current immigration routes for consideration by Scottish employers. Scotland is more reliant on migration than the rest of the UK to maintain population and help alleviate skills shortages ...
Part 1 of this insight focused some of the current immigration routes for consideration by Scottish employers to mitigate the Scottish labour shortage. Part 2 of this insight explores some of the new routes expected to be opened up by Spring 2022. Innovation visas Global Business Mobility Route In spring 2022, the Home office is due to launch the new Global Business Mobility route ...
The Supreme Court has upheld a summary judgment against a tenant in respect of payment of service charge where the demand was referred to in the lease as being “conclusive" once certified by the landlord - but also held that this does not prevent the tenant from then bringing a counterclaim in relation to its underlying liability. The tenant is therefore required to pay immediately, and then challenge disputed elements of the costs ...
Set-off is a common defence in adjudication. When money is sought it is likely that any available deductions or cross-claims will be used to prevent payment. But does an adjudicator have jurisdiction to consider them? This point was recently re-examined in Global Switch Estates 1 Limited v Sudlows Limited [2020] EWHC 3314 (TCC). Global Switch Global Switch employed Sudlows to fit out and upgrade its data centre in London under a contract based on the JCT Design and Build 2011 ...
According to a recent Employment Appeal Tribunal decision, an employee cannot settle future statutory claims that have not arisen at the date of the settlement agreement. We review what this means in practice for parties entering into such agreements. In order for a settlement agreement to be valid, it must comply with the necessary statutory requirements ...
The Sexism in the City inquiry was set up to establish what progress has been made in tackling sexism in the financial services sector. We discuss the findings and offer advice for those in the sector trying to navigate the current regulatory landscape. The financial services industry is crucial to the UK economy. It employs more than 2 ...
In a recent case the Employment Appeal Tribunal (EAT) upheld a 25% uplift to compensation for an employer’s failure to comply with the ACAS Code of Practice, following a discriminatory dismissal that was purportedly due to redundancy ...
We understand how family and personal circumstances underpin everything else, and so this webinar discussed issues to do with health, money and moving home. The takeaway points from the webinar are set out below. Documents to have in place Increase in people putting Wills in place since the pandemic and we anticipate this continuing with a potential second spike on the horizon. Your Will is a key document to make sure that your wishes are followed on death ...
The full effect of the Product Security and Telecommunications Infrastructure Act 2022 is yet to be felt, despite it having received Royal Assent on 6 December 2022. Further rights will, however, come into force today, Monday 17 April 2023. Sections 58-59 of the Act grant three distinct rights to telecoms operators enabling them to upgrade and share apparatus ...
With just days left till Christmas, the government has revealed more details on its proposed approach to planning reform with a draft National Planning Policy Framework released for consultation. Views are also being sought on a proposed approach to preparing National Development Management Policies, levelling up policy, and how national planning policy is currently accessed by users, but not as yet on the much needed funding for these changes ...
The fintech boom is changing rapidly both the way we work and how we conduct business. From managing our budgets and payments, to investments, insurance and obtaining loans and finance, fintech is steadily influencing everyday life. In a sector estimated to have attracted in excess of £2 billion in UK investment last year alone, Scotland hosts a thriving fintech community ...
Shoosmiths’ CR&A team were instructed by Teneo, the special administrators of Sova Capital Limited, on their directions application relating to a proposed sale of “trapped” securities which had traded on the Russian Stock Exchange ...
